Bill Text: NY A06168 | 2019-2020 | General Assembly | Amended
Bill Title: Requires the appointment of a transit dependent and para-transit dependent representative on the Niagara Frontier transportation authority.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-08 - referred to corporations, authorities and commissions [A06168 Detail]
Download: New_York-2019-A06168-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6168--B 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ Introduced by M. of A. RYAN, WALLACE, BRONSON -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law, in relation to the Niagara Frontier transportation authority The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1299-a of the public authorities law is amended by 2 adding two new subdivisions 18 and 19 to read as follows: 3 18. "Transit dependent" shall mean an individual who is limited to 4 public transit as their primary mode of transportation because the indi- 5 vidual, (a) has no means of private transportation; (b) is elderly (over 6 age 65); (c) is a youth (under age 18); or (d) lives below the poverty 7 or median income levels as defined by the U.S. Census Bureau. 8 19. "Para-transit dependent" shall mean an individual who is limited 9 to public transit as their primary mode of transportation and who has 10 either a permanent or temporary disability. 11 § 2. Subdivision 1 of section 1299-c of the public authorities law, as 12 amended by chapter 220 of the laws of 2012, paragraph (b) as amended by 13 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter 14 176 of the laws of 2012, is amended to read as follows: 15 1. (a) There is hereby created the "Niagara Frontier transportation 16 authority." The authority shall be a body corporate and politic consti- 17 tuting a public benefit corporation. The authority shall consist of a 18 chairman, [ten] not more than twelve other members and shall have two 19 non-voting members as described in paragraphs (b) and (c) of this subdi- 20 vision appointed by the governor by and with the advice and consent of 21 the senate. The chairman and all members shall be residents of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03819-04-9A. 6168--B 2 1 district. Of the [ten] members other than the chairman, one shall be 2 appointed upon the written recommendation of the Erie county executive 3 [and], one shall be appointed upon the written recommendation of the 4 Erie county legislature, at least one shall be appointed as a represen- 5 tative of the transit dependent community and at least one shall be 6 appointed as a representative of the para-transit dependent community, 7 as described in paragraph (d) of this subdivision. The chairman and 8 each of the members shall be appointed for a term of eight years, 9 provided however, that the chairman first appointed shall serve for a 10 term ending June thirtieth, nineteen hundred seventy-three, and of the 11 eight other members first appointed, one shall serve for a term ending 12 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term 13 ending June thirtieth, nineteen hundred sixty-nine, one shall serve for 14 a term ending June thirtieth, nineteen hundred seventy, two shall serve 15 for a term ending June thirtieth, nineteen hundred seventy-one, one 16 shall serve for a term ending June thirtieth, nineteen hundred seventy- 17 two and one shall serve for a term ending June thirtieth, nineteen 18 hundred seventy-three. The term of one of the members appointed to 19 memberships first created by law after April first, nineteen hundred 20 sixty-nine shall end on June thirtieth, nineteen hundred seventy-four, 21 and the term of the other such member shall end on June thirtieth, nine- 22 teen hundred seventy-five. Following the expiration of any term ending 23 on or after June thirtieth, nineteen hundred eighty-seven, each member 24 shall be appointed for a term of five years beginning on the day after 25 the expiration date of such prior term; provided, however, that the term 26 of the member first appointed upon the written recommendation of the 27 Erie county executive and the term of the member first appointed upon 28 the written recommendation of the Erie county legislature shall be for a 29 term ending on June thirtieth, nineteen hundred ninety-six. 30 (b) The first non-voting member of the authority who shall not be 31 considered in determining a quorum, shall be recommended to the governor 32 by the labor organization representing the plurality of the employees 33 within the authority and shall be a resident of the Niagara Frontier 34 transportation district as described in section twelve hundred ninety- 35 nine-b of this title. Such first non-voting member shall be appointed 36 for a term of five years, provided, however, that if at any time during 37 the term of appointment such non-voting member ceases to be affiliated 38 with the labor organization representing the plurality of employees 39 within the authority, then such labor organization may at any time 40 during such term recommend a new member to the governor who shall serve 41 the remainder of the term. If the local bargaining unit decertifies its 42 existing union affiliation and certifies a new union, the union which 43 represents the plurality of the employees may recommend a new member to 44 the governor who shall serve the remainder of the term. The chairman of 45 the authority, at his or her discretion, may exclude such non-voting 46 member from attending any portion of a meeting of the authority or of 47 any committee held for the purpose of discussing negotiations with labor 48 organizations, pending litigation involving the labor organization, or 49 the investigation, evaluation, or discipline of an employee. 50 (c) There shall also be a second non-voting member of the authority, 51 who shall not be considered in determining a quorum. The second non-vot- 52 ing member shall be appointed by the governor as a representative of the 53 transit dependent community and/or people with disabilities. The second 54 non-voting member shall be appointed for a term of five years. 55 (d) There shall be at least two members of the authority appointed by 56 the governor as representatives of the transit dependent and para-tran-A. 6168--B 3 1 sit dependent community. The governor shall make initial appointments to 2 the authority in such number and from lists submitted as follows: at 3 least two members shall be appointed to the authority from a list of not 4 less than four names, submitted to the governor by local and statewide 5 transit advocacy organizations. The members shall be residents of a 6 county described in paragraph (a) of this subdivision. The members 7 shall be appointed for a term of five years. If a vacancy shall occur 8 for these member positions, a replacement shall be appointed within six 9 months, subject to the same appointment process within this paragraph. 10 § 3. This act shall take effect on the ninetieth day after it shall 11 have become a law.
